State v. Huber
| Decision Date | 05 June 1924 |
| Docket Number | 25288 |
| Parties | THE STATE, Appellant, v. WILLIAM HUBER |
| Court | Missouri Supreme Court |
Appeal from St. Louis County Circuit Court; Hon. J. W McElhinney, Judge.
Affirmed.
Adam Henry Jones, Prosecuting Attorney, and Wilfred Jones, Assistant Prosecuting Attorney, for appellant.
When the defendant received the three papers in writing which are described in the information, and William Reilly, by his written paper, offered and agreed with the defendant to make a bet and wager with him at not less than 3 to 1 on a horse named Logan Boy in a contest of speed and endurance that was about to take place on a race track, and when he orally agreed with William Reilly to place the bet and wager for him on said Logan Boy in the contest of speed and endurance on the horses named in the information, he thereby, in violation of Section 3536, recorded and registered a bet or wager upon the result of a trial and contest of speed of the horses that were about to race on the race track described in the information.
The information, it is claimed, charges the defendant with recording and registering three bets or wagers in violation of Section 3536, Revised Statutes 1919. The information was adjudged insufficient upon demurrer and the State appealed, as provided by Section 4099, Revised Statutes 1919.
The information, which is duly verified, charges that on April 28, 1923, the Creve Coeur Driving Club held trotting and pacing races to test the speed and endurance of Logan Boy Baby Policy, R. L. McGrerror and other horses, at its race track at Creve Coeur in St. Louis County; that at said time and place one William Reilly delivered to defendant a paper writing in the words and figures following:
That J. Smith delivered to defendant a paper reading: ."
That on said date E. A. Jackson delivered to defendant a paper reading:
That said paper writings were all delivered to defendant on the race track at Creve Coeur, owned and operated by said Creve Coeur Driving Club, before the contest of speed and endurance between said horses, and that said William Reilly, by said written paper, offered and agreed with the said Huber to make a bet and wager with him at not less than 3 to 1 on Logan Boy in said contest of speed and endurance aforesaid; that the said William Huber orally agreed with the said William Reilly to place said bet and wager for him on said Logan Boy in said contest of speed and endurance aforesaid. (Here follow similar allegations as to the bets and wagers of Smith and Jackson.) That the said William Huber, on the 28th day of April, 1923, in the County of St Louis aforesaid, unlawfully, knowingly and feloniously registered and recorded said bet and wager of William Reilly, and said bet and wager of J. Smith and said bet and wager of E. A. Jackson on the result of a trial and contest of speed and endurance between horses commonly known as trotting horses in said race thereafter to be trotted on the race track aforesaid, by receiving from William Reilly the paper writing aforesaid and orally agreeing with him to place a bet and wager for him on said horse, Logan Boy, in said contest of speed and endurance about to be made as aforesaid (here follow similar averments as to bets on the other two horses); and that the said William Huber on said 28th day of April, 1923, at the County of St. Louis, was then and there unlawfully, knowingly and feloniously guilty of...
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